In Brief
In this civil appeal, the Supreme Court considered whether a decree for possession via specific performance of an Agreement of Sale could be granted. The Court held that specific performance requires proof that the buyer was ready and willing to pay the sale consideration at the time of filing the suit. Depositing the amount after the suit's restoration did not satisfy this requirement. Consequently, the Court allowed the appeal and directed the seller to refund the sale consideration (including advance) to the buyer within three months, with 12% per annum interest if delayed.
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